Terms Used In Indiana Code > Title 35 > Article 45 - Offenses Against Public Health, Order, and Decency

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• code grabbing device: means a device that is capable of:

  Indiana Code 35-45-12-1

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• consumer product: means :

  Indiana Code 35-45-8-1

• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• criminal activity: means any offense that:

  Indiana Code 35-45-15-1

• criminal organization: means a formal or informal group with at least three (3) members that specifically:

  Indiana Code 35-45-9-1

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• funds: includes the following:

  Indiana Code 35-45-15-2

• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• harasses: means unwanted contact with a person that would cause a reasonable person to suffer emotional distress or fear. See Indiana Code 35-45-17.1-1
• harassment: means conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress. See Indiana Code 35-45-10-2
• HIV: refers to the human immunodeficiency virus. See Indiana Code 35-45-16-1
• human remains: means any part of the body of a deceased human being in any stage of decomposition or state of preservation. See Indiana Code 35-45-19-1.5
• impermissible contact: includes the following:

  Indiana Code 35-45-10-3

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• labeling: has the meaning set forth in IC 16-18-2-198(a). See Indiana Code 35-45-8-2
• law enforcement agency: means the department or agency of a city, town, or tribe whose principal function is the apprehension of criminal offenders. See Indiana Code 5-2-9-1
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: means any transaction described in section 3 of this chapter, whether or not the transaction is in the form of a loan as defined in Indiana Code 35-45-7-1
• manufacture of an unlawful telecommunications device: means :

  Indiana Code 35-45-13-1

• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• prescription: means a written or electronically transmitted contact lens prescription or order that:

  Indiana Code 35-45-20-1

• Principal: includes the monetary value of property which has been loaned from one (1) person to another person. See Indiana Code 35-45-7-1
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• proceeds: means funds acquired or derived directly or indirectly from, produced through, or realized through an act. See Indiana Code 35-45-15-4
• protective order: means :

  Indiana Code 5-2-9-2.1

• public safety officer: means :

  Indiana Code 35-45-19-2

• Rate: means the monetary value of the consideration received per annum or due per annum, calculated according to the actuarial method on the unpaid balance of the principal. See Indiana Code 35-45-7-1
• registry: means the Internet based registry of protective orders established under section 5. See Indiana Code 5-2-9-1.4
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• sheriff: refers to a county sheriff. See Indiana Code 5-2-9-3
• telecommunications device: means :

  Indiana Code 35-45-13-3

• telecommunications service: means a service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or intelligence of any nature by:

  Indiana Code 35-45-13-4

• telecommunications service provider: means a person or an entity:

  Indiana Code 35-45-13-5

• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• threatens: includes a communication made with the intent to harm a person or the person's property or any other person or the property of another person. See Indiana Code 35-45-9-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tumultuous conduct: means conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property. See Indiana Code 35-45-1-1
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Unlawful assembly: means an assembly of five (5) or more persons whose common object is to commit an unlawful act, or a lawful act by unlawful means. See Indiana Code 35-45-1-1
• unlawful telecommunications device: means a telecommunications device that:

  Indiana Code 35-45-13-6

• victim: means a person who is the object of stalking. See Indiana Code 35-45-10-4